Open Journal Systems

Fake Vaccine Cards Pose Enforcement Challenge as Mandates Rise
In the past several months, as more localities have imposed inoculation requirements, the number of fake vaccination records sold on the dark web has increased exponentially. However, as both buyers and sellers of counterfeit cards may face criminal penalties, the FTC has received relatively few associated fraud complaints. Additionally, there is, to date, not a fully developed means of enforcing provisions calling upon businesses to check patrons' vaccination records. It is proving especially difficult to ensure that firms look at and, subsequently, confirm the legitimacy of their clients' vaccination records. Checking vaccination records has been further complicated, on the part of businesses, by concerns regarding the privacy and security of online portals through which customers' personal health information may be uploaded.

Copyright Office Issues Rule Expanding Consumers’ Right to Repair
The U.S. Copyright Office fortified consumers' right to repair software-enabled devices, including video game consoles and medical equipment, through a recently-issued regulation. The rule includes software-enabled devices in a list of instruments that are exempt from Section 1201 of the Digital Millennium Copyright Act. The restoration of software-enabled devices has, thus, been established as a form of fair use.

Artificial Intelligence Tools Targeted in New EEOC Initiative
The U.S. Equal Employment Opportunity Commission announced that it will establish a working group to examine the means by which artificial intelligence impacts employers' decisions to hire, promote, and fire individuals. The working group will meet with stakeholders and hopes, eventually, to issue guidance as for how such matters might be aptly addressed. This development comes as the number of people raising awareness, urging congressional action, and pursuing legal recourse concerning artificial intelligence-induced discrimination in employment contexts steadily increases.

FTC Warns Companies Against Using Dark Patterns in Subscriptions
The Federal Trade Commission issued a policy statement advising companies that they will face legal action if they utilize dark patterns to encourage consumers to subscribe to their product offerings. Dark patterns are techniques used to obscure the true cost, cancellation process, and terms of billed services. The FTC has brought action against companies that concealed these details in hyperlinks and cryptic web pages.

NYC’s ‘Peculiar’ New Delivery App Law Raises Data Breach Fears
New York City passed a law that will require food delivery apps, beginning on December 27, to share disaggregated customer data with restaurants at least once per month. DoorDash Inc. has filed suit against the city, claiming that the law encroaches upon consumer privacy, its business contracts, and trade secret data regarding its customer base. Concerns have also been raised about the law's failures, first, to require restaurants to adopt measures to secure customer data and, second, to contemplate how delivery apps might transfer this data to dining establishments. The California legislature deliberated a similar law in 2020, but chose, ultimately, to forego its passage, given arguments that it would conflict with the state's consumer privacy law. As the state of New York lacks an equivalent law, it is likely that, in its suit, DoorDash's arguments will hinge on analysis of constitutional protections.